The question (6 marks)
An ancient law book prescribed a harsher punishment for the same offence as the offender's social rank descended, and a famous philosopher of antiquity recommended different punishments for freemen and for slaves on the ground that a slave felt punishment less. In a modern State the statute is the same for everyone, yet undertrials from the poorest communities spend years in jail without charges being framed. (i) What makes a law or a practice unjust? (ii) How should the argument of the second half of these facts be answered? (6 marks)
MU Module II, unjust laws and bias in the justice delivery system; pack ch. 02 sections 6 and 11.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Political Obligation — State Authority and the Citizen of Political Science – II.
Authorities you will need
- Constitution of India, Article 14 and Article 15(1)
- Constitution of India, Article 21
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.